New NDIS 'in and out list' now in effect

National Disability Insurance Scheme (NDIS) changes have kicked in with a new list to determine just what participants can spend their money on.

A new definition of an “NDIS support” now determines what can be funded by the scheme and what is no longer covered.

The list has already proven controversial and been criticised. Providers and participants say they were only given two days to get across the details after its release last week.

Services directly linked to managing a disability remain on the list, including specialist housing, assistance animals (if accredited) and household help.

The organisation which runs the scheme, the National Disability Insurance Agency (NDIA), will not cover services it deems “not evidence based”. These include crystal therapy, wilderness therapy, grocery bills and rent, and childcare fees.

The government says the detailed list provides “greater clarity and flexibility” to participants.

If something is not on the list, a participant can request NDIA to include it.

NDIS Minister Bill Shorten said participants could continue to access stated supports in their plans, as well as supports found to be reasonable and necessary by the Administrative Appeals Tribunal, even if these were now on the excluded list.

“We now have a central place, set in law, where NDIS participants, their families, carers and providers can go to see what they can use their NDIS funds for,” Mr Shorten said.

“While there have been administrative guidelines previously, we have made it much easier for participants and providers to understand what funding can and can’t be spent on. These changes are the next key step in returning the NDIS to its original intent and improving the scheme experience for every participant.

“I know many participants are feeling uncertain about these changes, but the supports being accessed by the vast majority of people will not be impacted by the revised lists which are based on existing guidance.”

Mr Shorten said the lists would bring more clarity and certainty for all participants in how they could use their budgets.

“The landmark independent NDIS review recommended the government provide clarity to participants and the lists make it clearer for everyone using and interacting with the scheme.”

But he rejected criticism that the disability community had been blindsided by the release of the list.

He said he had been talking about introducing changes to the scheme for the past two-and-a-half years and many items on the “in and out list” of what could be used were “existing status quo”.

“Let’s not pretend that somehow this is a list which has been created from nothing.

“We found that whilst the scheme is working really well for a lot of people, the lack of clarity has led to some scams, rorts, non-evidence-based therapies and the exploitation of participants.

“I can’t keep driving by something which ultimately undermines the sustainability and the trust in the scheme.”

Advocacy group People With Disability Australia (PWDA) noted the list was transitional.

PWDA president Marayke Jonkers said the organisation was “deeply concerned” the lists had only been made available less than two days before they came into effect with no guarantee the information and how it impacted individual plans would be communicated directly to participants beforehand.

She said reasonable notice and communication on how the changes would impact each participant must be in place before any future changes were rolled out.

“As this hasn’t occurred, even though existing plans won’t be changing straight away, PWDA is concerned participants will be confused about what they can access and some people may go without critical supports because they’re worried they’ll end up with a debt,” Ms Jonkers said.

A 12-month “transition period” exists during which participants won’t be automatically penalised for purchasing items that are not approved and cost less than $1500.

“We don’t want to see participants punished for honest mistakes – especially when communication about these changes has been limited,” Ms Jonkers said.

“A transition period is a good thing but we will still want further clarity on how the debt raising and recovery processes will work, including what information will be provided to participants who make mistakes.”